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Below are the ability to pay laws that meet your search criteria. Many include a See related provisions prompt which searches our database for laws that may pertain to your result.
120 Results
State | Statute | Description/Statute Name | Statutory language | Level of offense | Definition of ability to pay | Timeline | Burden of proof | Method of determination | Mandatory | Remedies if unable to pay | |
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Connecticut | Conn. Gen. Stat. § 53a-30(e) | Conditions of probation and conditional discharge. | If the court finds that the person subject to electronic monitoring is indigent and unable to pay the costs of electronic monitoring services, it shall waive such costs. | All |
indigent and unable to pay the costs |
At enforcement of fine or fee | Not provided for | Not provided for | Yes |
The court shall waive such costs |
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Florida | Fla. Stat. §316.193(6) | Driving under the influence; penalties |
For the purposes of this section, any conviction for a violation of s. 327.35; a previous conviction for the violation of former s. 316.1931, former s. 860.01, or former s. + See more316.028; or a previous conviction outside this state for driving under the influence, driving while intoxicated, driving with an unlawful blood-alcohol level, driving with an unlawful breath-alcohol level, or any other similar alcohol-related or drug-related traffic offense, is also considered a previous conviction for violation of this section. However, in satisfaction of the fine imposed pursuant to this section, the court may, upon a finding that the defendant is financially unable to pay either all or part of the fine, order that the defendant participate for a specified additional period of time in public service or a community work project in lieu of payment of that portion of the fine which the court determines the defendant is unable to pay. In determining such additional sentence, the court shall consider the amount of the unpaid portion of the fine and the reasonable value of the services to be ordered; however, the court may not compute the reasonable value of services at a rate less than the federal minimum wage at the time of sentencing.
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All |
Inability to pay: Defendant is financially unable to pay either all or part of the fine |
At enforcement of fine or fee | Not provided for | Not provided for | No |
Public service or Community work project |
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Kansas | Kan. Stat. Ann. ? 8-1567 | Driving a commercial motor vehicle under the influence; penalties |
In lieu of payment of a fine imposed pursuant to this section, the court may order that the person perform community service specified by the court. The person shall receive + See morea credit on the fine imposed in an amount equal to $5 for each full hour spent by the person in the specified community service. The community service ordered by the court shall be required to be performed not later than one year after the fine is imposed or by an earlier date specified by the court. If by the required date the person performs an insufficient amount of community service to reduce to zero the portion of the fine required to be paid by the person, the remaining balance of the fine shall become due on that date.
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Misdemeanor, Felony | Not provided for | At enforcement of fine or fee | Not provided for | Not provided for | No |
Community service |
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Oklahoma | Okla. Stat. tit. 22, § 471.6H | Final eligibility hearing--Acceptance into program--Duration of participation--Costs and fees--Driving privileges |
Court orders for costs and fees shall remain an obligation of the offender until fully paid; provided, however, once the offender has successfully completed the drug court program, the drug + See morecourt judge shall have the discretion to expressly waive all or part of the costs and fees provided for in this subsection if, in the opinion of the drug court judge, continued payment of the costs and fees by the offender would create a financial hardship for the offender. Offenders who have not fully paid all costs and fees pursuant to court order but who have otherwise successfully completed the drug court program shall not be counted as an active drug court participant for purposes of drug court contracts or program participant numbers.
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All |
No financial hardship |
At enforcement of fine or fee | Not provided for | Not provided for | No |
Waiver of fee |
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Oklahoma | Okla. Stat. tit. 22, § 1355A | Application for representation by the System |
except that the court may, based upon the financial information submitted, defer all or part of the fee if the court determines that the person does not have the financial + See moreresources to pay the fee at time of application, to attach as a court fee upon conviction.
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All | Not provided for | At enforcement of fine or fee | Burden on defendant to show inability to pay | Determined by judge without hearing | No |
Deferment of fee |
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Tennessee | Tenn. Code Ann. § 8-21-401(m) | Fees for particular services |
(m) Indigent parties. No clerk shall be permitted to collect any fee authorized by this section without permitting any person the opportunity to institute a cause of action by means + See moreof a pauper's oath, in accordance with Rule 29 of the Rules of the Tennessee Supreme Court.
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All | Not provided for | At enforcement of fine or fee | Burden on defendant to show inability to pay | Not provided for | Yes |
Not specified |
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Michigan | Mich. Comp. Laws § 772.6 | Failure to pay recognizance |
If the person so ordered to recognize refuses or neglects to provide that recognizance, the court shall commit the person to the county jail during the period for which security + See morewas required, or until the person provides that recognizance. A person shall not be incarcerated for failure to pay the recognizance unless the court conducts a hearing and determines that the person has the resources to pay the recognizance and has not made a good faith effort to do so. In determining whether to incarcerate the person, the court shall also consider the person's employment status, earning ability, and financial resources; the willfulness of the person's failure to pay the recognizance; and any other special circumstances that may have a bearing on the person's ability to pay the recognizance. The court shall state in the warrant the cause of commitment with the sum and the time for which the security was required.
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All |
the person has the resources to pay the recognizance and has not made a good faith effort to do so |
At enforcement of fine or fee | Not provided for | Determined by judge after hearing | No |
none |
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Michigan | Mich. Comp. Laws § 257.908(1)-(4) | Default as civil contempt; penalty |
If a defendant defaults in the payment of a civil fine, costs, or both, or of any installment, as ordered pursuant to section 907(2), the court, upon the motion of + See morethe plaintiff or upon its own motion, may require the defendant to show cause why the default should not be treated as in civil contempt and may issue a summons or order to show cause or a bench warrant of arrest for the defendant's appearance. . . . If it appears that the default in the payment of a civil fine or costs does not constitute civil contempt, the court may enter an order allowing the defendant additional time for payment, reducing the amount of payment or of each installment, or revoking the fine or costs or the unpaid portion thereof in whole or in part. . .
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Traffic |
"default was not attributable to an intentional refusal to obey the order of the court or to a failure on his or her part to make a good faith effort to obtain the funds required for payment"
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At enforcement of fine or fee | Burden on defendant to show inability to pay | Determined by judge after hearing | No |
allowing the defendant additional time for payment, reducing the amount of payment or of each installment, or revoking the fine or costs or the unpaid portion thereof in whole or in part
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Michigan | Mich. Comp. Laws § 600.8729(1)-(4) | Payment of fine, default as civil contempt |
If a defendant defaults in the payment of a civil fine, costs, assessment, or, if applicable, damages or expenses as provided in section 8733(2) if applicable, or any installment, as + See moreordered pursuant to section 8727, the court, upon the motion of the plaintiff or upon its own motion, may require the defendant to show cause why the defendant should not be held in civil contempt and may issue a summons, an order to show cause, or a bench warrant of arrest for the defendant's appearance. . . . If it appears that the default in the payment of a fine, costs, assessment, or damages or expenses does not constitute civil contempt, the court may enter an order allowing the defendant additional time for payment, reducing the amount of payment or of each installment, or revoking the fine, costs, assessment, or damages or expenses.
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All |
"the default was not attributable to an intentional refusal to obey the order of the court or to a failure on his or her part to make a good faith effort to obtain the funds required for payment"
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At enforcement of fine or fee | Burden on defendant to show inability to pay | Determined by judge after hearing | No |
allowing the defendant additional time for payment, reducing the amount of payment or of each installment, or revoking the fine, costs, assessment, or damages or expense |
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Nebraska | Neb. Rev. Stat. § 29-2284 | Probation or parole; revocation; conditions |
If the defendant is placed on probation or paroled, the court may revoke probation, and the Board of Parole may revoke parole if the defendant fails to comply with the + See morerestitution order. In determining whether to revoke probation or parole, the court or Board of Parole shall consider the defendant's earning ability and financial resources, the willfulness of the defendant's failure to pay, and any special circumstances affecting the defendant's ability to pay. Probation or parole may not be revoked unless noncompliance with the restitution order is attributable to an intentional refusal to obey the order or a failure to make a good faith effort to comply with the order.
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All | Not provided for | At enforcement of fine or fee | Not provided for | Not provided for | Yes |
N/A |
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North Dakota | N.D. Cent. Code § 29-07-1.1 | Payment of expenses for defense of indigents--Reimbursement of indigent defense costs and expenses--Indigent defense administration fund--Continuing appropriation |
For an application for indigent defense services in the district court, a nonrefundable application fee of thirty-five dollars must be paid at the time the application is submitted. The district + See morecourt may extend the time for payment of the fee or may waive or reduce the fee if the court determines the defendant is financially unable to pay all or part of the fee.
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All |
financially unable to pay all or part of the fee |
At enforcement of fine or fee | Not provided for | Not provided for | Yes |
extend time for payment; reduce fee |
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Pennsylvania | 42 Pa. Stat. Ann. § 9730 | Payment of Court Costs, Restitution, and Fines |
If a defendant defaults in the payment of a fine, court costs or restitution after imposition of sentence, the issuing authority or a senior judge or senior magisterial district judge + See moreappointed by the president judge for the purposes of this section may conduct a hearing to determine whether the defendant is financially able to pay. . . If the issuing authority, senior judge or senior magisterial district judge determines that the defendant is without the financial means to pay the fine or costs immediately or in a single remittance, the issuing authority, senior judge or senior magisterial district judge may provide for payment in installments. In determining the appropriate installments, the issuing authority, senior judge or senior magisterial district judge shall consider the defendant's financial resources, the defendant's ability to make restitution and reparations and the nature of the burden the payment will impose on the defendant. If the defendant is in default of a payment or advises the issuing authority, senior judge or senior magisterial district judge that default is imminent, the issuing authority, senior judge or senior magisterial district judge may schedule a rehearing on the payment schedule. At the rehearing the defendant has the burden of proving changes of financial condition such that the defendant is without the means to meet the payment schedule. The issuing authority, senior judge or senior magisterial district judge may extend or accelerate the schedule, leave it unaltered or sentence the defendant to a period of community service as the issuing authority, senior judge or senior magisterial district judge finds to be just and practicable under the circumstances.
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All |
financial means to pay, taking account of financial resources and nature of burden |
At enforcement of fine or fee | Burden on defendant to show inability to pay | Not provided for | No |
extension or acceleration of payment schedule; community service |
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Maryland | Md. Code Ann., Cts. & Jud. Proc. § 7-201(b) | Waiver of Fees for Indigent Petitioners |
The circuit court shall pass an order waiving the payment in advance if: (1) Upon petition for waiver, it is satisfied that the petitioner is unable by reason of his + See morepoverty to make the payment; and (2) The petitioner's attorney, if any, certifies that the suit, appeal, or writ is meritorious.
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All | Not provided for | At enforcement of fine or fee | Not provided for | Determined by judge after hearing | No |
Waiver of fee |
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Maryland | Md. Code Ann., Cts. & Jud. Proc. § 7-405 | Waiver of Criminal Court Costs |
The District Court or a circuit court in a criminal case may not waive any court costs imposed under § 7-409 of this subtitle unless the defendant establishes indigency as + See moreprovided in the Maryland Rules.
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All | Not provided for | At enforcement of fine or fee | Not provided for | Determined by judge after hearing | No |
Waiver of fee |
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Maryland | Md. Code Ann., Cts. & Jud. Proc. § 7-504(c)(2) | Ability to Pay Fine |
(a) A defendant who is unable to pay a fine ordered by a court may apply to the court for a reduction of the fine. (b) If a defendant + See morefails or is unable to pay a fine as ordered by a court, the court may investigate the reasons for the failure or inability to pay the fine, including the defendant's financial and family situation and whether nonpayment of the fine is contumacious or is due to indigence. (c) After an investigation that a court considers necessary as to the reasons for the failure or inability to pay a fine, the court: (1) May order that the individual be committed to a correctional facility; (2) May reduce the fine to an amount that the court determines the defendant is able to pay; or (3) Subject to subsection (d) of this section, may direct that the individual be imprisoned until payment of: (i) The fine; or(ii) Part of the fine that is undischarged after a pro rata credit for time served instead of payment.
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All | Not provided for | At enforcement of fine or fee | Not provided for | Determined by judge after hearing | No |
Commitment; Reduction of Fee; Incarceration until payment based upon a per diem rate |
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New Jersey | N.J. Stat. Ann. § 2B:12-23.1 | Default of payment |
If a person defaults on any payment and a municipal court finds that the defendant does not have the ability to pay, the court may: (1) reduce the penalty, suspend + See morethe penalty, or modify the installment plan; (2) order that credit be given against the amount owed for each day of confinement, if the court finds that the person has served jail time for the default; (3) revoke any unpaid portion of the penalty, if the court finds that the circumstances that warranted the imposition have changed or that it would be unjust to require payment; (4) order the person to perform community service in lieu of payment of the penalty; or (5) impose any other alternative permitted by law in lieu of payment of the penalty. b. For the purposes of this section, “penalty” means any fine, statutorily-mandated assessment, surcharge or other financial penalty imposed by a municipal court, except restitution or a surcharge assessed pursuant to subsection f. of section 1 of P.L.2000, c. 75 (C.39:4-97.2).
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All | Not provided for | At enforcement of fine or fee | Not provided for | Determined by judge after hearing | No |
(1) reduce the penalty, suspend the penalty, or modify the installment plan; (2) order that credit be given against the amount owed for each day of confinement, if the court finds that the person has served jail time for the default; (3) revoke any unpaid portion of the penalty, if the court finds that the circumstances that warranted the imposition have changed or that it would be unjust to require payment; (4) order the person to perform community service in lieu of payment of the penalty; or (5) impose any other alternative permitted by law in lieu of payment of the penalty
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Virginia | Va. Code Ann. § 19.2-358(C) | Show cause hearing on default |
B. Following the order to show cause or following a capias issued for a defendant's failure to comply with a court order to appear issued pursuant to subsection A of + See more§ 19.2-354, unless the defendant shows that his default was not attributable to an intentional refusal to obey the sentence of the court, or not attributable to a failure on his part to make a good faith effort to obtain the necessary funds for payment, or unless the defendant shows that any failure to appear was not attributable to an intentional refusal to obey the order of the court, the court may order the defendant confined as for a contempt for a term not to exceed sixty days or impose a fine not to exceed $500. The court may provide in its order that payment or satisfaction of the amounts in default at any time will entitle the defendant to his release from such confinement or, after entering the order, may at any time reduce the sentence for good cause shown, including payment or satisfaction of such amounts.
C. If it appears that the default is excusable under the standards set forth in subsection B hereof, the court may enter an order allowing the defendant additional time for payment, reducing the amount due or of each installment, or remitting the unpaid portion in whole or in part.
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All | Not provided for | At enforcement of fine or fee | Burden on defendant to show inability to pay | Determined by judge after hearing | No |
additional time for payment, reducing the amount due or of each installment, or remitting the unpaid portion in whole or in part |
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Nevada | Nev. Rev. Stat. Ann. § 176.085 | Reduction of excessive fine or administrative assessment; payment in installments. |
Whenever, after a fine and administrative assessment have been imposed but before they have been discharged by payment or confinement, it is made to appear to the judge or justice + See moreimposing the fine or administrative assessment or his or her successor: 1. That the fine or administrative assessment is excessive in relation to the financial resources of the defendant, the judge or justice or his or her successor may reduce the fine accordingly.
2. That the discharge of the fine or administrative assessment is not within the defendant’s present financial ability to pay, the judge or justice or his or her successor may direct that the fine be paid in installments.
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All |
excessive in relation to the financial resources of the defendant; not withiin the defendant's present financial ability to pay |
At enforcement of fine or fee | Not provided for | Not provided for | No |
Installment plan |
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South Carolina | S.C. Code Ann. § 16-3-740(C)(4) | Testing of certain convicted offenders for Hepatitis B and HIV |
If the offender is subsequently convicted or adjudicated delinquent, the offender or the parents of an adjudicated offender must reimburse the State for the costs of the tests unless the + See moreoffender or the parents of the adjudicated offender are determined to be indigent.
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All | Not provided for | At enforcement of fine or fee | Not provided for | Not provided for | Yes |
waiver from reimbursing state for cost of tests |
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Connecticut | Conn. Gen. Stat. § 54-74. | Remission of fine. |
Any judge of the Superior Court may remit any fine, if in his judgment such course will tend to the reformation of offenders or the furtherance of the ends of + See morejustice.
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All | Not provided for | At enforcement of fine or fee | Not provided for | Not provided for | No |
Remission of fine |
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